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Civil way: 28 July 2023

28 July 2023 / Stephen Gold
Issue: 8035 / Categories: Features , Procedure & practice , Civil way , CPR
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Cross-examiner crisis; new possession help; interest on costs; bank liability for fraud.

ABOUT TURN

Need a few bob? Frequent and widespread difficulties are being encountered in finding advocates to act as qualified legal representatives (QLRs) to cross-examine vulnerable witnesses under ss 65–66 of the Domestic Abuse Act 2021 (see ‘Civil way’, 172 NLJ 7985, p15). We know because the president of the family division has reported on this serious state of affairs. In this month’s View from the President’s Chambers, he suggests that if there are no takers within 28 days, the court should list the case for directions and direct that some summary information is provided by HMCTS about the difficulties that have been encountered. FPR PD 3AB, para 8.1(b) permits termination of a QLR appointment. Giving consideration to termination, he says, will provide a further opportunity to canvas any other options such as directly instructing an advocate. Notwithstanding the guidance that the court should not itself conduct the cross-examination, this did not trump the overriding objective

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
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